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Weekly Rulemaking Notices Contact Us Find It

December 10, 2003
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 126, Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities in the State of Maine
PROPOSED RULE NUMBER: 2003-P284
CONCISE SUMMARY: The addition of the proposed Ch. 4.F., Administration-Mandatory Reporting of Sentinel Events, will reflect a new law enacted, but not funded until November 21, 2003. These proposed changes will mandate End Stage Renal Disease Units/Facilities to have a process for mandated reporting system for medical errors and events injurious to patients in hospitals through a non-punitive error reduction system.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law, Sec. 1.; 22 MRSA Ch. 1684 8751-8756
PUBLIC HEARING: December 31, 2003 at 1:30 p.m., Bureau of Medical Services, 442 Civic Center Dr., #11 State House Station, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before December 22, 2003
DEADLINE FOR COMMENTS: January 10, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 125, Regulations Governing the Licensing of Ambulatory Surgical Facilities in the State of Maine
PROPOSED RULE NUMBER: 2003-P285
CONCISE SUMMARY: The addition of the proposed Ch. 4.B., Compliance Requirements-Mandatory Reporting of Sentinel Events, will reflect a new law enacted, but not funded until November 21, 2003. These proposed changes will mandate Ambulatory Surgical Facilities to have a process for mandated reporting system for medical errors and events injurious to patients in hospitals through a non-punitive error reduction system.
This proposed rule will require renumbering of the remaining Sections in Ch. 4.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law, Sec. 1.; 22 MRSA Ch. 1684 8751-8756
PUBLIC HEARING: December 30, 2003, Bureau of Medical Services, 442 Civic Center Dr., #11 State House Station, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before December 22, 2003
DEADLINE FOR COMMENTS: January 9, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensing of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 2003-P286
CONCISE SUMMARY: The addition of the proposed Ch. VI.T., The Governing Board-Mandated Reporting of Sentinel Events, will reflect a new law, enacted, but not funded until November 21, 2003. These proposed changes will mandate hospitals to have a process for mandated reporting system for medical errors and events injurious to patients in hospitals through a non-punitive error reduction system.
The addition of the proposed Ch. XXVII.C.(3) and (4), Critical Access Hospital-Governing Board, will reflect the new mandated reporting system for medical errors and events injurious to patients in Critical Access Hospitals.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law, Sec. 1.; 22 MRSA Ch. 1684 8751-8756
PUBLIC HEARING: December 29, 2003 at 1:30 p.m., Bureau of Medical Services, 442 Civic Center Dr., #11 State House Station, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before December 22, 2003.
DEADLINE FOR COMMENTS: January 8, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 425, Asbestos Management Regulations
PROPOSED RULE NUMBER: 2003-P287
CONCISE SUMMARY: The Department is proposing minor revisions to Ch. 425, the Asbestos Management Regulations. The Asbestos Management Regulations apply to asbestos inspection, consulting, and abatement work in all types of buildings. The proposed revisions are intended to clarify certain requirements of this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 1271 et seq.
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 20, 2004
AGENCY CONTACT PERSON: Ed Antz
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7829


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
RULE TITLE OR SUBJECT: Amend Ch. 5, Installation Standards
PROPOSED RULE NUMBER: 2003-P288
CONCISE SUMMARY: The proposed rules adopt the most recent editions of the National Fire Protection Association guidelines and ASME CSD-1 for the installation and servicing of any propane and natural gas equipment in the State of Maine. The Board is proposing to adopt an exception to NFPA #58, Section 2.2.1.5, by providing for a "phase in" period for the recertification of Department of Transportation cylinders 100 lb. capacity and larger filled at a customer's location.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 14804(l)
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: 5:00 p.m., January 9, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Rev. #71-A / PaS Funding changes and rules changes for the PaS Program
ADOPTED RULE NUMBER: 2003-458
CONCISE SUMMARY: The Parents as Scholars (PaS) program is funded with the TANF Block Grant for 12 months of a program recipient's participation in the program. PaS participants are subject to TANF Block Grant time limits and work participation requirements for these 12 months.
EFFECTIVE DATE: December 7, 2003
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
ADOPTED RULE NUMBER: 2003-459
The rules for public recreational use of the Allagash Wilderness Waterway are being amended to:
* rephrase certain rules to make the intent clearer and the wording consistent with similar "core rules" for the other lands in the bureau's jurisdiction;
* renumber the sections of the rules to reflect the deletion of one section;
* adopt new sections to ensure proper management of the Waterway as a result of staff recommendations, certain policies of the management plan adopted in 1999, and recent provisions of the agreements reached among stakeholders and others at the River Driver's Retreat.
Changes to the rules will include:
* allowing access for day-use at John's Bridge limited to the months of May and September, with parking outside the Restricted Zone;
* closing the Cunliffe campsite to vehicle camping;
* limiting the number of annual trips authorized, oversized groups can make;
* prohibiting diving from bridges and dams;
* prohibiting the summer use of certain access trails closed by the Bureau;
* prohibiting the use of chain saws on the watercourse;
* prohibiting ice shacks on Allagash Lake;
* prohibiting archery equipment in the Restricted Zone from May to September, except when being transported across it.
EFFECTIVE DATE: December 7, 2003
AGENCY CONTACT PERSON: Dave Soucy, Director
AGENCY NAME: Bureau of Parks and Lands, Maine Department of Conservation
ADDRESS: State House Station #22, Augusta, ME 04333
TELEPHONE: (207) 287-4961


AGENCY: 01-001 - Department of Agriculture, Food And Rural Resources

CHAPTER NUMBER AND TITLE: Ch. 31, Potato Market Improvement Fund
ADOPTED RULE NUMBER: 2003-460
CONCISE SUMMARY: This rulemaking will change the makeup of the project review committee by reducing the membership from thirteen to eight. The maximum loan for storage retrofit loan program will be increased from $27,500 to $55,000.

CHAPTER NUMBER AND TITLE: Ch. 36, Farms for the Future Program
ADOPTED RULE NUMBER: 2003-460
CONCISE SUMMARY This chapter amends the rules governing administration of the Maine Farms for the Future program. The program assists farm businesses, who are under pressure of closing due to adjacent development, in making and implementing business plans to keep the farm economically viable. The program develops a list of service providers who may help the farm, establishes what the farm must do to develop and implement a business plan, as well as establishes the criteria and selection process to access grant funds in exchange for entering into farmland protection agreements with the State. The rule amendment removes the requirement for a farm to enter into a farmland protection agreement for business planning support. The rule also eliminates the requirement to add development pressure as a criteria for selecting a farm for either business planning grants or 'investment support. The point system established for scoring applications was adjusted accordingly for the remaining selection criteria.

EFFECTIVE DATE: December 8, 2003
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3491


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